Texas 2025 - 89th Regular

Texas House Bill HB1120 Compare Versions

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11 89R799 JCG-F
22 By: Lopez of Cameron H.B. No. 1120
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the purchase or acquisition by metal recycling entities
1010 of catalytic converters removed from a motor vehicle; imposing an
1111 administrative penalty.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Section 1956.0321(c), Occupations Code, is
1414 amended to read as follows:
1515 (c) A metal recycling entity may not purchase a catalytic
1616 converter unless the entity:
1717 (1) determines that the catalytic converter is
1818 consistent with the manufacturer's specifications for a catalytic
1919 converter from the vehicle for which the seller provided
2020 information under Subsection (a)(1); and
2121 (2) enters the vehicle identification number provided
2222 by the seller under Subsection (a)(1) into the National Highway
2323 Traffic Safety Administration's VIN Decoder, or successor
2424 database, and verifies that the vehicle year, make, and model
2525 retrieved from the database with respect to that vehicle
2626 identification number are the same as the vehicle year, make, and
2727 model provided by the seller.
2828 SECTION 2. Subchapter C-1, Chapter 1956, Occupations Code,
2929 is amended by adding Section 1956.1235 to read as follows:
3030 Sec. 1956.1235. SELLER'S DUTY TO PROVIDE CERTAIN
3131 INFORMATION; PURCHASER'S DUTY TO VERIFY. (a) In a transaction to
3232 which this subchapter applies, the seller shall provide to the
3333 metal recycling entity the year, make, model, and vehicle
3434 identification number for the vehicle from which the catalytic
3535 converter was removed.
3636 (b) The metal recycling entity may not purchase or otherwise
3737 acquire the catalytic converter unless the entity enters the
3838 vehicle identification number provided by the seller under
3939 Subsection (a) into the National Highway Traffic Safety
4040 Administration's VIN Decoder, or successor database, and verifies
4141 that the vehicle year, make, and model retrieved from the database
4242 with respect to that vehicle identification number are the same as
4343 the vehicle year, make, and model provided by the seller.
4444 SECTION 3. Section 1956.124(b), Occupations Code, is
4545 amended to read as follows:
4646 (b) A record meets the requirements of Subsection (a) if it
4747 contains:
4848 (1) the year, make, model, and vehicle identification
4949 number for the vehicle from which each purchased or otherwise
5050 acquired catalytic converter was removed [a description made in
5151 accordance with the custom of the trade for the volume of catalytic
5252 converters purchased or otherwise acquired];
5353 (2) the business name of the person from whom each
5454 [the] catalytic converter was [converters were] purchased or
5555 otherwise acquired; and
5656 (3) the date of the transaction.
5757 SECTION 4. Section 1956.128(a), Occupations Code, is
5858 amended to read as follows:
5959 (a) The commission may impose an administrative penalty
6060 under Subchapter R, Chapter 411, Government Code, on a metal
6161 recycling entity that:
6262 (1) violates Section 1956.123 due to the entity's
6363 failure to exercise due diligence in purchasing or acquiring a
6464 catalytic converter removed from a motor vehicle; [or]
6565 (2) violates Section 1956.1235; or
6666 (3) violates Section 1956.124.
6767 SECTION 5. Section 1956.124, Occupations Code, as amended
6868 by this Act, applies only to an offense committed on or after the
6969 effective date of this Act. An offense committed before the
7070 effective date of this Act is governed by the law in effect on the
7171 date the offense was committed, and the former law is continued in
7272 effect for that purpose. For purposes of this section, an offense
7373 was committed before the effective date of this Act if any element
7474 of the offense occurred before that date.
7575 SECTION 6. Section 1956.128, Occupations Code, as amended
7676 by this Act, applies only to conduct that occurs on or after the
7777 effective date of this Act. Conduct that occurs before the
7878 effective date of this Act is governed by the law in effect on the
7979 date the conduct occurred, and the former law is continued in effect
8080 for that purpose.
8181 SECTION 7. This Act takes effect September 1, 2025.